Demand For Judges Rises As Funds Sink

March 13, 1986|By Gina Thomas of The Sentinel Staff

KISSIMMEE — The chief justice of the Florida Supreme Court, faced with urgent requests for extra judicial help and no money to pay for it, may ask legislators to bail out a system that is running $850,000 in the red.

Joe Boyd will decide by the end of March whether to ask lawmakers for an emergency appropriation this spring, said senior law clerk Randy Reder. In the meantime Boyd has put restrictions on the use of retired judges as substitutes and may juggle money from other accounts in the $60 million budget, Reder said.

Requests for judicial help have been pouring in from many court circuits in Florida, but the problem has become acute in Osceola County. Twenty-six drunken-driving cases almost were thrown out last week for lack of a judge.

Circuit Judge Rom Powell signed an emergency order extending the 90-day speedy trial limit for another 60 days. Powell, who presides over criminal and civil matters, is taking on traffic as well as small-claims cases.

Ordinarily, the speedy trial rule is waived only if both defense and prosecutors agree. However, a judge can extend the time limit if there are ''exceptional circumstances,'' and Powell decided that the lack of judges to hear the cases fit that criteria.

Powell is the only permanent circuit judge assigned to Osceola. For years county court officials have asked the Legislature to create another circuit judicial seat.

There are two county judges and both help Powell by handling juvenile and divorce cases -- normally assigned to a circuit judge.

A bad situation got worse in December when County Judge Chester Kerr became ill and was unable to work until March 1. He must leave in the afternoons to attend physical therapy sessions.

Retired St. Petersburg Judge Victor Wehle was assigned to Osceola in Kerr's absence, but the 83-year-old judge declined to preside over trials. During that time, traffic cases requiring trials started to stack up, Powell said.

Wehle was the only retired judge available to Osceola under the strict guidelines designed to save money, Powell said.

''We were very lucky to get him,'' he said.

In Powell's order he blamed Florida's judicial branch for not having a better substitute judge system and ''failing to provide sufficient judicial resources to handle the caseload.''

State Courts Administrator Ken Palmer said the new money-saving rules require that retired judges live within a 50-mile radius of the circuit in which they are needed. Otherwise, travel and living costs can run as much as $600 to $800 a week, he said.

Although Wehle lives farther than 50 miles from Kissimmee, he was the closest retired judge available, Palmer said. Retired judges, used as substitutes, are assigned by Boyd at the request of the chief judge of each circuit.

Judge George Diamantis, chief judge of the 9th Circuit -- Orange and Osceola counties -- was out of town and could not be reached for comment.

Powell and County Judge Ronald Legendre say they have been starting at 7:30 a.m. and often leave hours after 5 p.m. They've been taking turns handling first appearances each weekend. Both judges try to squeeze in any kind of case -- whether it belongs in county or circuit court.

''We've been having a bit of a problem,'' Powell said. ''Fortunately, we've been able to overcome it so far.''